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HomeMy WebLinkAbout05-19-2011 Planning Commission Minutes REGULAR MEETING May 19, 2011 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Michael Levin No. 2 James Hay No. 3 Andy Anderson No. 4 Alecia Greenaway No. 5 Joe Cruz No. 6 Kurt Lukins No. 7 Zahra Khan No. 8 Jana Kempf No. 9 Lisa Gemig APPEARANCE OF FAIRNESS: Chairman Cruz read a statement about the appearance of fairness for hearings on land use matters. Chairman Cruz asked if any Commission member had anything to declare. No were no declarations. Chairman Cruz then asked the audience if there were any objections based on conflict of interest or appearance of fairness questions regarding any of the items to be discussed this evening. There were no declarations. ADMINISTERING THE OATH: Chairman Cruz explained that State law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Anderson moved to adopt the April 28, 2011 minutes. The motion was seconded by Commissioner Hay. The motion passed unanimously. OLD BUSINESS: A. Rezone Rezone from "O" (Office) to R-1 (Low Density Residential) Zone (1911 N. 20th Avenue) (Philip Richardson) (MF# Z2011-004) -1 - Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Director, explained the Planning Commission conducted a public hearing on April 281h and staff had prepared a recommendation for denial of the proposal however the Commission had the sentiment to allow for approval. The staff report has been changed to add an Option B which would allow to vote in favor of the Rezone with the appropriate findings of fact and conclusions. Commissioner Gemig moved, seconded by Commissioner Greenaway, to adopt Findings of Fact and Option "B" Conclusions therefrom as contained in the May 19, 2011 staff report. The motion passed with one dissenting vote from Commissioner Anderson. Commissioner Gemig moved, seconded by Commissioner Greenaway, based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council Rezone the site from "O" (Office) to R-1 (Low- Density Residential). The motion passed with one dissenting vote from Commissioner Anderson. NEW BUSINESS: A. Code Amendment PMC 25.46 C-3 General Business District provisions to include Contractor Facilities (MF# CA 2011-001J A. Code Amendment PMC 25.46 C-3 General Business District provisions to include Contractor Facilities (MF# CA 2011-00 1) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated this proposal is for a Code Amendment to add provisions in the C-3 District to list contractor facilities as permitted uses within the district. For many years contractor facilities have been permitted in the C-3 District. This practice has lead to some confusion because contractor's facilities are not a listed permitted use in the C-3 District. There are other uses permitted in the C-3 District that are similar in nature but there is no specific language for contractor facilities. The community has grown and some residential developments are now adjacent to or very near C-3 zones. As a result the question of compatibility between contractor facilities near residential area has arisen. The Tierra Vida subdivision is an example. Tierra Vida is surrounded by C-3 properties and 25 years ago that subdivisions did not exist. Most of the contractor's facilities are -2 - located in the center of the C-3 areas or in the King City truck stop area. This issue recently came to the forefront when a contractor approached staff about locating a contractor yard backing on to a residential area. In double checking the code staff found that contractor's facilities were a listed permitted use in the I-1 District but not listed in the C-3 District. Staff recommended the C-3 regulations be amended to include contractor facilities as a listed permitted use in the C-3 District and reviewed a proposed code amendment. The recommendation suggested contractor facilities be permitted in C-3 zones provide the location is more than 300 feet from a residential district. Any C-3 location within 300 of a residential district would require a Special Permit. Mr. McDonald pointed out the Staff memo provides an alternate "2" that would require a Special Permit for contractor facilities anywhere in the C-3 District. Commissioner Lukins asked staff on how many current businesses the 300 foot rule would affect. Mr. McDonald stated no one would be affected and any current businesses would be grandfathered in. New contractors wanting to locate within the 300 foot boundary would need to apply for a Special Permit. During the permitting process there would then be an opportunity to place conditions on the contractor such as landscaping buffering and solid block walls. Chairman Cruz asked why 300 feet was chosen. Mr. McDonald stated 300 feet is the typical distance for notification of public land use hearings. Commissioner Greenaway asked if there is a contractor facility being grandfathered in would the sale of the property carry the grandfathered clause to the new owner. Mr. McDonald stated yes. A business can be sold and continue to operate under the perimeters of the size at the time it was grandfathered. A Special Permit would need to be obtained for any expansion. Chairman Cruz opened the public hearing. With no response, the public hearing was closed. Mr. McDonald asked for direction on the distance of 300 feet for the boundary. Commissioner Lukins is in favor of the 300 foot boundary. -3 - Commissioner Anderson moved, seconded by Commissioner Hay, to adopt the Findings of Fact as contained in the May 19, 2011 staff memo on Code Amendments for PMC Chapter 25.46. The motion passed unanimously. Commissioner Anderson further moved, seconded by Commissioner Hay, the Planning Commission recommend the City Council adopt the proposed Code Amendments modifying PMC Chapter 25.46 to include provisions for contractor's plants and storage yards in the C-3 District. OTHER BUSINESS: Rick White, Community and Economic Development Director, provided a brief summary of the RROSN Vision Plan. Scott Woodward, President of the RROSN, presented the RROSN Vision Plan. Chairman Cruz called for discussion on each recommendation contained in the Plan. Commissioner Levin asked if the private sector could be involved in this Plan. Mr. Woodward stated yes. Their next goal is to expand to the private sector. Chairman Cruz discussed linear park planning. Commissioner Khan stated the three cities would need to agree on the definition of open space and what would be the next step. Mr. Woodward stated it would be beneficial for the cities to be consistent and he was in favor of adopting an open space definition. Mr. White asked for some direction on how the Commission would like to proceed on reviewing the plan. Several suggestions were provided. Commissioner Lukins was in favor of making a recommendation right now. Commissioner Anderson was also in favor. Chairman Cruz stated they would go through each recommendation one by one and make their suggestions. 1. Definition and Inventory Recommendations Recommendation G1.1: Benton and Franklin County, the cities of Benton City, Kennewick, Pasco, Richland, and West Richland adopt a common definition of open space consistent with the Ridges to Rivers Open Space Network vision. -4 - Discussion: Agreed Recommendation G1.2: The jurisdictions of the Mid-Columbia make every effort to create a common database of maps to expedite regional planning. Discussion: Agreed Mr. White explained achieving this goal may take a number of years. This might be one of the more complicated steps due to the initial investment each community will need to contribute. Chairman Cruz stated he is in favor of moving forward on this item and allow the City to share information to make this happen. Commissioner Anderson felt action on the recommendation was a Council level action and they would need to make the decision to replace the GIS system. Mr. White stated Commissioner Anderson's comments reinforce the importance of the Jurisdictional Council where that type of conversation occurs. Chairman Cruz stated they are supportive and would like to make the data available as needed. Recommendation G1.3: Cooperatively develop and maintain an inventory of regional open space resources. Discussion: Agreed Recommendation G1.4: Make a consistently strong effort at the jurisdictional level to preserve priority open space. Discussion: Agreed Mr. White stated the committee's priority open space discussion was on page 76 in the Plan; most of the areas identified are far from the Pasco city limits and outside the boundaries and urban area. The urban area contains Sacajawea Park, as well as a trail system and half of the river system. The priority areas were identified as the Esquatzel Coulee, the trail along the Snake River, Sacajawea Trail and the Columbia Plateau Trail. 2. Communication/Organizational Recommendations Recommendation G2.1: An institutionalized Jurisdictional Council (JC) is established to maintain a direct communication link between the County Commissioners, the City Councils, and the Ridges to Rivers Open Space Network. -5 - Discussion: Agreed Recommendation G2.2: Participating entities inform each other of any planned or proposed projects - public or private - that may impact the Open Space Network and pursue all available options to avoid or mitigate loss of open space and trail resources. Discussion: Agreed 3. Ownership Recommendations Recommendation G3.1: Define ownership and maintenance of preserved open space in development areas. Discussion: HOLD Mr. White stated G3.1: was a complex issue and difficult to isolate from other items of this policy. If G3:1 is read with G6.2 the recommendation takes on a different light. Although difficult to implement or get started now, perhaps if a dedicated source of funding was in place it might be a whole different story. It might not be pursued at this stage but that may change depending on what the future brings in terms of conservation funding. Commissioner Anderson stated this item was something to be put on the table at a later date as things move along. Recommendation G3.2: Identify as a regional open space resource any city, county, state, or federal property designated for abandonment, surplus, or zone change. Make every effort to secure those properties that have open space values and trail potential. Discussion: Agreed Recommendation G3.3: Establish a regional open space stewardship program. Discussion: Agreed 4. Regional Trails Recommendations Recommendation G4.1: Identify a lead agency or entity to track the completion of the Regional Trails Plan. Discussion: Agreed -6 - Recommendation G4.2: Develop a regional trails design manual that includes operations and maintenance requirements. Discussion: Agreed Recommendation G4.3: Develop a regional trails plan implementation phasing schedule for each jurisdiction. Discussion: Agreed Mr. White asked the Commission if they would be in favor of forwarding this to the County. Chairman Cruz was uncomfortable with forwarding to the County. Commissioner Gemig stated they would support as necessary. S. Access Recommendations Recommendation G5.1: Provide access, where appropriate, for compatible forms of outdoor recreation. Discussion: Agreed 6. Funding Recommendations Recommendation G6.1: Actively pursue funding of open space and trail projects. Consider nominating projects annually for funding as joint projects. Discussion: Agreed Commissioner Khan asked how they pursue that, upon recommendation or? Chairman Cruz stated they would endorse the recommendation as the Planning Commission. Recommendation G6.2: Broaden funding for open space conservation and operations and maintenance (O&M). Discussion: The majority agreed; with Commissioners Anderson and Hay casting dissenting votes. -7 - Mr. White stated the state allows tax to be installed at the County level to purchase open space areas and maintenance and operation activities. The tax can go up to 6.5� per $1,000. Spokane County had a positive experience with it and was originally done with a great amount of trepidation but is still in place. Commissioner Khan stated she was not sure about the tax portion however the overall Plan is worth pursuing. Commissioner Gemig was in favor. Commissioner Greenaway was not in favor of taxing. Commissioner Lukins stated $6 per $100,000 it's a slam dunk. Mr. White clarified the tax can be up to 6.5�. Commissioner Greenaway changed her decision. Chairman Cruz asked if money was protected or general fund money. Mr. White stated this money is specifically used for the purpose intended. Chairman Cruz is in favor. Commissioner Kempf is in favor. Commissioner Levin questioned educating the children on the vision plan. Mr. Woodward stated they have information about health connectivity and interpretive work on the ground as well as a stewardship program. Commissioner Levin was in favor. Commissioner Anderson was not in favor. He stated there are other priorities in our community. If the economy changes for the better in the next 10 years then he would be in favor. Commissioner Hay is not in favor. Commissioner Gemig asked if the tax would be handed down to the citizens or would it go to a vote like a school district bond. Chairman Cruz stated they would have the opportunity to go either way. If they support the policy then it doesn't necessarily mean they support the tax and expand the funding horizons. It is preferred that a vote for the tax would go to the citizens. -8 - 7. Federal Notification Recommendations Recommendation G7.1: Coordinate with federal agencies. Discussion: Agreed Recommendation G7.2: Identify and protect regional open space resources prior to land auctions. Discussion: Agreed 8. Best Practices for Development Recommendations Recommendation G8.1: Each county and city of the Mid-Columbia Region adopt a best practices development document. Discussion: Agreed 9. RROSN Status and Update Process Recommendations Recommendation G9.1: Establish performance measures and inform the RROSN Board of annual progress. Discussion: Agreed Recommendation G9.2: Update the Ridges to Rivers Open Space Network Vision in 5 years, expanding the plan boundary to include other areas. Discussion: Agreed 10. Comprehensive Plan and Ordinance Adjustment Recommendations Recommendation G10.1: The cities and counties of the Mid-Columbia region strengthen their comprehensive plan discussion of Natural Open Space. Discussion: Agreed Recommendation G10.2: Jurisdictions update their parks and comprehensive plans to include trail and open space projects included in this vision document. Discussion: Agreed 11. Contain Development Sprawl -9 - Recommendation G11.1: Direct development to the Urban Growth Areas (UGA) and work with the State and Counties to limit urban-type development outside the UGA. Discussion: Agreed Recommendation G11.2: Encourage jurisdictions to provide incentives for in-fill development. Discussion: Agreed Mr. White provided an explanation of the in-fill activities in Pasco related to the use of Block Grant monies and HOME monies. Chairman Cruz called for any additional comments or discussion. Mr. Woodward provided some additional information on the Recommendation for ownership and maintenance of open space. He related an experience from Boise where a hillside development had a requirement to provide open space and the homeowners association was set up to take care of it. The homeowners association fell apart and the City was burdened with maintenance of these pieces. And that is the reason for including that recommendation in the Plan. Commissioner Lukins asked Mr. Woodward if he requested a Resolution of Acceptance of the document. Mr. Woodward stated they did go through the City Council and the template was forwarded to the City Attorney. Chairman Cruz asked if a public hearing would be the next step. Mr. White stated yes. Commissioner Anderson moved, seconded by Commissioner Hay, to adjourn the meeting. The motion passed unanimously. With no further business, the Planning Commission was adjourned at 8:24 p.m. David McDonald, Secretary _10 -